Bradley Burnett: ERC Trap Threatens Thousands of Taxpayers

Bradley Burnett

While cases stall, the right to sue could expire.

By CPA Trendlines Research

Thousands of business taxpayers still battling Employee Retention Credit disallowances could lose their right to sue the IRS in 2026 because the two-year refund-suit deadline keeps running while cases sit in IRS examination or Appeals, a risk tax attorney Bradley Burnett calls part of a “colossal mess” of statute traps, litigation risks and unresolved audits.

The National Taxpayer Advocate estimates roughly 28,000 taxpayers may be affected, prompting the IRS to roll out a special Form 907 extension process for certain ERC claimants approaching the deadline.

CPE WEBINAR

Covid ERC in 2026: Picking Up the Pieces: Which Are Ticking Time Bombs?

With Bradley Burnett, J.D., LL.M.

Thursday, June 18, 1-4 p.m. ET

Register | Learn more

“What is left … a colossal mess,” Burnett tells CPA Trendlines Academy attendees. “Some of those broken pieces out there may be time bombs.”

The filing window has closed. The refund fights have not.

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Ten Tax Issues That Add New Revenue

Plus four “how much” questions you can put numbers to.

By Ed Mendlowitz
How to Build a Stronger Tax Practice

As you see each tax prep client you should keep a list of additional services you can offer them. Also, continue this list when you review each return.

MORE by Ed Mendlowitz
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I prepare a list of follow-up items during a tax season on my Microsoft Outlook task list. These items are entered as the issue or idea arises. It is simple, quick and very satisfying. The next job will be to make the time to follow up with the client, and do your “good deed.”
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Four Ways to Identify Candidates for Cross-Selling

https://cpatrendlines.com/2016/06/11/adopt-a-marketing-mindset/

Adopt a marketing mindset.

By Ed Mendlowitz

The average tax return client thinks of accountants as being mainly involved in taxes. Also, an accounting firm’s largest volume of clients is usually for tax return services. Therefore, a good part of the public image of your firm must come from the tax department.

MORE by Ed Mendlowitz
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The tax department must be involved in:

  • strengthening the firm’s brand and name recognition,
  • getting publicity and
  • introducing tax return clients to additional services.

Unfortunately, many accounting firms provide very little guidance or training in this area.

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 Busy Season 2026: Clients, Pricing, Staffing… CRUNCH

CPA Trendlines Busy Season Barometer: Modest Gains, Mixed Outlook, Cautious Tech Upgrades Ahead

Top concerns: “The returns aren’t harder—they’re just later.” (CPA Trendlines Busy Season Barometer)
Join the survey. Get the results.

By CPA Trendlines Research

The 2026 tax season shows some gradual improvement for certain firms, but most practitioners report conditions that remain largely unchanged from a year ago, according to the latest data from the CPA Trendlines Busy Season Barometer.

For More Busy Season Trends and Strategies: Join the survey. Get the results.

MORE Tax Season 2026

The good news is: 2026 hasn’t turned into the disaster some were expecting with a new tax law and diminished IRS. The bad news is: 2026 is turning into a relatively routine year — without the advances in workflow or the better margins from higher-value services that some were hoping for.

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Inside Tax Season’s Hidden Shift: Same Work, Fewer People, Higher Cost

And that’s the good news.

Your mileage may vary: The tax and accounting workforce is churning out almost as many returns. But with rising labor costs. Is that a margin squeeze or the firm of the future? (Index = pro-filed tax returns, annualized payrolls, and headcounts)

By CPA Trendlines

New CPA Trendlines Research suggests that the much vaunted promises of AI-enabled efficiencies are still just that – promises.

MORE Tax Season

So far this year, firms are producing even fewer tax returns than at the same time last year, while salaries are increasing.

The problem gets worrisome when you notice that headcounts are flat to down. Or, are these the signs of a new paradigm?

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